California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 10 - Classification
Section 3375.4 - CDCR Reclassification Score Sheet, CDCR Form 840, Calculation

Universal Citation: 15 CA Code of Regs 3375.4

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

This section incorporates by reference CDCR Form 840 (Rev. 07/24), Reclassification Score Sheet.

The factors and their related numerical weights used to recalculate an incarcerated person's preliminary score or new preliminary score are listed below. Box numbers appear to the right but refer to the first box on the left of each field.

(a) Favorable behavior since last review (Boxes 46-51). The categories below provide favorable points for six-month intervals. For an annual reclassification review, two six-month periods may be counted. When an incarcerated person's status is interrupted during the period without incarcerated person fault, the period shall be considered continuous.

(1) For each six-month period of continuous minimum custody, four points shall be entered in Boxes 46-47.

(2) For each six-month period since the last review with no serious disciplinary(s), two points shall be entered in Boxes 48-49.

(3) For each six-month period with an average or above performance in work or a Rehabilitative Program managed by the Division of Rehabilitative Programs, as defined in section 3000, two points shall be entered in Boxes 50-51.

(A) Part-time assignments which, when work/program hours are added together, are equivalent to a full-time assignment shall be combined.

(B) Favorable points shall not be granted for average or above average performance for incarcerated persons who are not assigned to a program, unless the incarcerated person is diagnosed as totally disabled as defined in section 3000.

(C) Time that an incarcerated person spends during a six-month review period with a diagnosis of being totally disabled as defined in section 3000 shall count for the purpose of granting favorable points for average or above average performance.

(b) Unfavorable behavior since last review (Boxes 52-69):

(1) For each serious misbehavior for which the incarcerated person was found guilty during any six-month review period, apply eight points for a Division A-1 or A-2 offense; apply six points for a Division B, Division C, or Division D offense; apply four points for a Division E or Division F offense, with the exception of use of any controlled substance, as identified in H&SC 11007, or alcohol, based solely on a positive test result from an approved departmental testing method pursuant to section 3290. Only misbehavior which is equivalent to a serious rule violation as defined in section 3315 shall be recorded in Boxes 52-57. This includes behavior while in the county jail or conduct that occurred while the incarcerated person was housed in another state or federal jurisdiction.

(A) Do not include any administrative rule violations.

(B) When the serious misbehavior also includes other factors listed in subsections (2) through (7) below, assess additional points for each applicable factor.

(2) For each battery on a non-incarcerated person or attempted battery on a non-incarcerated person during any six-month review period, eight points shall be entered in Boxes 58-59.

(A) Battery means any offense as described in section 3005(d) where criminal prosecution had, or would normally have, taken place.

(3) For each battery on an incarcerated person or attempted battery on an incarcerated person during any six-month review period, four points shall be entered in Boxes 60-61.

(A) Refers to situations where one or more incarcerated persons are clearly the victim.

(B) Do not include mutual combat where both incarcerated persons were co-responsible.

(4) For each incident involving the distribution of any controlled substance, per subsection 3323(c)(6), in an institution/facility or contract health facility, for distribution and sales, four points shall be entered in Boxes 62-63. Points shall not be assessed for personal use or possession of a small quantity of drugs, or being under the influence.

(5) For each well-documented serious misbehavior for possession, manufacture, or attempted manufacture of a deadly weapon where apparent use was intended, 16 points shall be entered in Boxes 64-65. Points shall not be assessed for possession of commonly available and unmodified objects, unless they were used as weapons and that fact is documented in the disciplinary report. Include possession of a razor blade (whether modified or not) in a segregated program housing unit (e.g., Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit) or restricted housing unit (i.e., EOP RHU, CCCMS RHU, or GP RHU).

(6) For each serious disciplinary where the incarcerated person led a facility riot, racial disturbance or work strike, four points shall be entered in Boxes 66-67. Include any willful and deliberate behavior which may have led to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, of the type described in section 3005.

(7) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 68-69. incarcerated persons who conspired in or ordered such battery shall receive the same points.

(A) Serious bodily injury is that which is defined in Section 3000.

(B) Any attempted battery which may have been life threatening but circumstances such as heavy clothing prevented the homicide shall be included.

(1) Use this section to correct a CDC 840 Score Sheet with a form revision date prior to 07/02.

(2) Enter only the total correction to the score, either negative or positive, in boxes provided.

(d) Prior Preliminary Score (Boxes 73-75):

(1) The prior preliminary score is the calculated score that appears on the most current classification score sheet. Enter that value in Boxes 73-75.

(2) When the most current score appears on the CDCR Classification Score Sheet, CDCR Form 839, (Rev. 07/24) or later, enter the value from that score sheet that is the preliminary score.

(3) When the most current score appears on the CDCR Reclassification Score Sheet, CDCR Form 840, (Rev 07/24) or later, enter the value from that score sheet that is the new preliminary score.

(4) When the most current score appears on the CDCR Readmission Score Sheet, CDCR Form 841, (Rev. 07/24) or later, enter the value from that score sheet that is the new preliminary score.

(e) Net Change in Score (Boxes 76-78):

(1) Combine the total favorable points (item C.4.) with the total unfavorable points (item D.8). Enter the total as a plus or minus value for net change in score.

(f) Preliminary Score Subtotal:

(1) The prior preliminary score subtotal is the combined value of the prior preliminary score and the net change in score.

(2) Record this value on the line provided.

(3) Computations that result in a minus value shall be entered as zero.

(g) Change in term points (Boxes 79-81):

(1) When an incarcerated person receives a new or additional sentence to prison which changes the total term length, two points shall be added or subtracted for each year of difference between the new term and the old term. The resultant plus or minus figure is the change in term points.

(2) When the Board of Parole Hearings establishes a parole date for an incarcerated person with a life sentence:

(A) The total projected incarceration time in years and months is the term length.

(B) Multiply the total term length in years by two (2).

(C) Determine the difference between the new term points and the old term points. The resultant plus or minus figure is the change in term points.

(3) For parole violators: If a parole violator receives a new term after the CDCR Form 841 (Rev. 07/24) has been endorsed, the prior term points shall be given a minus value and combined with new term points. The difference is the change in term points.

(4) Do not record a change in term points unless there is a change in the total term.

(h) Recalculation of the New Preliminary Score:

(1) The incarcerated person's new preliminary score is entered in Boxes 82-84 and is the result of combining the preliminary score subtotal and any adjustments resulting from a change in term points as determined in subsection (g).

(2) Right-justify the total.

(3) Computations that result in zero or a minus value shall be entered as zero.

(i) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 85-87):

(1) A mandatory minimum score is a score that is applied to an incarcerated person who has a case factor that requires that they be housed no lower than a specific security level.

(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.

(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.

(A) If an incarcerated person has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 85.

(B) If one or more mandatory minimum score factors are present, determine which of the factors is associated with the highest score and enter that code in Box 85.

(j) Placement Score (Boxes 88-90).

(1) If there is no case factor requiring a mandatory minimum score, enter the new preliminary score as the placement score.

(2) If a mandatory minimum score is applied, and it is greater than the new preliminary score, enter the mandatory minimum score as the placement score.

(3) If a mandatory minimum score is applied, and it is less than the new preliminary score, enter the new preliminary score as the placement score.

(4) The placement score is the primary factor used to determine the security level to which the incarcerated person is assigned.

(k) Special Case Factors (Boxes 91-93)

(1) In Box 91, enter "A" if the incarcerated person has an active felony hold, warrant, or detainer. Enter "P" if the incarcerated person has a potential felony hold, warrant, or detainer. If the incarcerated person has both an active and a potential felony hold, warrant, or detainer, enter "A".

(2) In Box 92, enter "A" if the incarcerated person has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter "P" if the incarcerated person has a potential USICE detainer.

(3) In Box 93, enter "R" if the incarcerated person meets the criteria for an "R" suffix per section 3377.1(b).

(4) Enter "*" to remove a previous entry in Boxes 91-93 that no longer applies.

(l) Classification Staff Representative (Boxes 115-188):

(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the incarcerated person's placement score and administrative determinants. The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants.

(A) Up to five administrative determinants may be entered in Boxes 159-177.

1. An asterisk (*) shall be placed in the box adjacent to each administrative determinant which is being removed (i.e., no longer valid).

2. Reason for administrative or irregular placement (Boxes 186-188).

(B) Entered only if the facility's security level where the incarcerated person is placed is not consistent with the incarcerated person's placement score.

(2) CSR approval of an administrative or irregular placement is only valid as long as the incarcerated person's placement score remains within the same facility security level score range as when the approval was given.

(m) An incarcerated person whose CDCR term has been discharged due to the conviction being vacated on appeal who is then re-convicted and returned to CDCR custody for the same crime event shall be considered for a one-time point adjustment commensurate with the net change in points attributable to positive and/or negative behavior achieved during the original associated CDCR term.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 4502, 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.

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